Katelyn Baker
Well-Known Member
The job of enforcing the state law that requires unlicensed medical marijuana dispensaries to close by July 1 will fall to local law enforcement officers and business inspectors.
The state Liquor and Cannabis Board says it will remain focused on regulating licensed stores.
"We're just not in a position to be the primary enforcement entity for dispensary shutdowns," said Justin Nordhorn, LCB enforcement and education chief.
July 1 is the deadline set by the Legislature last year in legislation aimed at eliminating unregulated dispensaries and merging medical marijuana sales with the regulated recreational market created in the wake of Initiative 502's legalization of pot. All businesses - whether they sell to patients or recreational users - will need a license from the state after that date.
Many local government leaders expect that come July 1 most dispensaries will be closed, leaving few storefronts to police.
"I think it's well known throughout the industry," Pierce County Sheriff Paul Pastor said about the looming deadline.
The county does not have a current or exact count of how many dispensaries are in business, but the prior estimate had been 80 stores. It's unlikely that many remain, Pastor said.
"Many of them, I understand, and my people understand, are closing down," he said. "Those that do not have licenses and therefore cannot operate legally, we will be checking on that and taking enforcement action."
What that action would look like, including whether the county would immediately pursue criminal charges, could vary depending on the offense, Pastor said.
The Pierce County Sheriff's Department narcotics team already has contacted some owners of so-called green crosses in the unincorporated areas to remind them of the consequences of staying open after July 1. Enforcement teams probably won't go out in force until after the July 4 holiday, he said.
"We'll apply penalties and such as we see fit and as it comes along," Pastor said.
Dispensaries that remain open after July 1 could face felony drug charges.
Previously, state law left local jurisdictions unsure about how to regulate dispensaries. That resulted in a patchwork of enforcement outcomes ranging from pursuing legal action in the courts to looking the other way, allowing stores to remain open.
Many cities have indicated they would pursue civil enforcement against businesses before enforcing criminal penalties, said Candice Bock, government relations advocate for the Association of Washington Cities.
That means pulling business licenses or taking code enforcement action first.
"Hopefully that will generate compliance," Bock said. "I think, for many cities, criminal enforcement will be a last resort."
In Tacoma, letters went out to known dispensaries last fall. The response from most was that they planned to close on or before July 1. As of the end of May, the city estimated 28 dispensaries were still operating.
"Most people have voluntarily closed already," said Finance Director Andy Cherullo.
"We do plan on having folks out on June 30 and July 1 doing inspections," he said. "Code enforcement will go out and begin the process ... and let them know that by the end of the day they'll need to close up shop."
Those that haven't received licenses but remain open next month will be forced by the city to close, Cherullo said. The city will pursue civil action first against businesses, sending letters and scheduling hearings. Those that remain open could face a fine of $250 a day.
If the businesses continue to disregard the law, the city will pursue them criminally.
For some cities, no enforcement plan is needed. Officials from Lakewood, University Place and Puyallup say laws prohibiting marijuana in their respective cities have prevented dispensaries from opening.
Pierce County also has had a ban, but it hasn't stopped at least four stores from getting state licenses and opening in unincorporated parts of the county. The ban will lift July 1, but any businesses that are open will remain illegal in the county's eyes until they are granted a conditional use permit.
That said, county officials have no plans to try to shut down the licensed stores. Three of the businesses, two in Parkland and one in Spanaway, are scheduled for a hearing examiner review July 6 and 7. If the examiner approves their applications and they comply with regulations tied to the approval, they will be legal, said Melanie Halsan, special adviser to the director of Planning and Land Services.
A proposal by Councilwoman Joyce McDonald, R-Puyallup, could restore the county's ban, but it would not affect any stores that receive county approval before the new ban passes.
One other possible outcome of the July 1 deadline: More cities could decide to allow licensed marijuana stores. The closure of the dispensaries and clearer state regulations on marijuana operations have some cities considering whether to welcome the shops and the tax revenue they bring.
On Monday, the Fircrest City Council asked the planning commission to consider permitting marijuana sales and relaxing the rules governing where the businesses can locate.
The University Place City Council is expected to revisit its ban at a July 5 study session.
"If we choose not to have a ban, we have full authority to only have state licensed, regulated, taxed stores," City Attorney Steve Victor said. "We don't have to worry that we're going to have one licensed store and 25 dispensaries."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Deadline Looms For Medical Marijuana Dispensaries
Author: Brynn Grimley
Contact: 253-597-8742
Photo Credit: Gina Ferazzi
Website: The News Tribune
The state Liquor and Cannabis Board says it will remain focused on regulating licensed stores.
"We're just not in a position to be the primary enforcement entity for dispensary shutdowns," said Justin Nordhorn, LCB enforcement and education chief.
July 1 is the deadline set by the Legislature last year in legislation aimed at eliminating unregulated dispensaries and merging medical marijuana sales with the regulated recreational market created in the wake of Initiative 502's legalization of pot. All businesses - whether they sell to patients or recreational users - will need a license from the state after that date.
Many local government leaders expect that come July 1 most dispensaries will be closed, leaving few storefronts to police.
"I think it's well known throughout the industry," Pierce County Sheriff Paul Pastor said about the looming deadline.
The county does not have a current or exact count of how many dispensaries are in business, but the prior estimate had been 80 stores. It's unlikely that many remain, Pastor said.
"Many of them, I understand, and my people understand, are closing down," he said. "Those that do not have licenses and therefore cannot operate legally, we will be checking on that and taking enforcement action."
What that action would look like, including whether the county would immediately pursue criminal charges, could vary depending on the offense, Pastor said.
The Pierce County Sheriff's Department narcotics team already has contacted some owners of so-called green crosses in the unincorporated areas to remind them of the consequences of staying open after July 1. Enforcement teams probably won't go out in force until after the July 4 holiday, he said.
"We'll apply penalties and such as we see fit and as it comes along," Pastor said.
Dispensaries that remain open after July 1 could face felony drug charges.
Previously, state law left local jurisdictions unsure about how to regulate dispensaries. That resulted in a patchwork of enforcement outcomes ranging from pursuing legal action in the courts to looking the other way, allowing stores to remain open.
Many cities have indicated they would pursue civil enforcement against businesses before enforcing criminal penalties, said Candice Bock, government relations advocate for the Association of Washington Cities.
That means pulling business licenses or taking code enforcement action first.
"Hopefully that will generate compliance," Bock said. "I think, for many cities, criminal enforcement will be a last resort."
In Tacoma, letters went out to known dispensaries last fall. The response from most was that they planned to close on or before July 1. As of the end of May, the city estimated 28 dispensaries were still operating.
"Most people have voluntarily closed already," said Finance Director Andy Cherullo.
"We do plan on having folks out on June 30 and July 1 doing inspections," he said. "Code enforcement will go out and begin the process ... and let them know that by the end of the day they'll need to close up shop."
Those that haven't received licenses but remain open next month will be forced by the city to close, Cherullo said. The city will pursue civil action first against businesses, sending letters and scheduling hearings. Those that remain open could face a fine of $250 a day.
If the businesses continue to disregard the law, the city will pursue them criminally.
For some cities, no enforcement plan is needed. Officials from Lakewood, University Place and Puyallup say laws prohibiting marijuana in their respective cities have prevented dispensaries from opening.
Pierce County also has had a ban, but it hasn't stopped at least four stores from getting state licenses and opening in unincorporated parts of the county. The ban will lift July 1, but any businesses that are open will remain illegal in the county's eyes until they are granted a conditional use permit.
That said, county officials have no plans to try to shut down the licensed stores. Three of the businesses, two in Parkland and one in Spanaway, are scheduled for a hearing examiner review July 6 and 7. If the examiner approves their applications and they comply with regulations tied to the approval, they will be legal, said Melanie Halsan, special adviser to the director of Planning and Land Services.
A proposal by Councilwoman Joyce McDonald, R-Puyallup, could restore the county's ban, but it would not affect any stores that receive county approval before the new ban passes.
One other possible outcome of the July 1 deadline: More cities could decide to allow licensed marijuana stores. The closure of the dispensaries and clearer state regulations on marijuana operations have some cities considering whether to welcome the shops and the tax revenue they bring.
On Monday, the Fircrest City Council asked the planning commission to consider permitting marijuana sales and relaxing the rules governing where the businesses can locate.
The University Place City Council is expected to revisit its ban at a July 5 study session.
"If we choose not to have a ban, we have full authority to only have state licensed, regulated, taxed stores," City Attorney Steve Victor said. "We don't have to worry that we're going to have one licensed store and 25 dispensaries."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Deadline Looms For Medical Marijuana Dispensaries
Author: Brynn Grimley
Contact: 253-597-8742
Photo Credit: Gina Ferazzi
Website: The News Tribune
